The store version of Danke apartment suffered heavy losses _ _ Legal response to the second landlord.

How can the tenants of "Danke Apartment" defend their rights when the shop encounters the second landlord?

At the end of 2022 1 1, several merchants in Shenzhen kexing science and technology park were driven out of their properties. This matter has not been reported by the media. From the scene and the general situation, it is known that the shops in a certain area in the park were rented by the second landlord first, and then the second landlord divided them into several shops and rented them to various catering businesses. Now the second landlord is in arrears with the park rent and has lost contact. As the owner, the park should take back the shops and order the merchants to move out.

This sounded like a bolt from the blue in Danke apartment, which caused a sensation throughout the country. In essence, both the landlord and the tenant are victims. However, such losses are unbearable for tenants and businesses. The costs involved in a store may include franchise fees, decoration fees, rent, transfer fees, etc. In addition, the flow of catering people in Kexing Science and Technology Park is very large, and merchants with good business are forced to leave, which is a pity.

There is such a case in Hangzhou this year. Mr. Huang rented a 14.5-flat shop from the second landlord near the subway entrance to do the fried string business. In the early stage, we invested 300,000 yuan to decorate the store and purchase equipment, and paid the rent188,000 yuan every year. After three months' hard work, Mr. Huang's business just started to improve, and suddenly he was cut off by the owner Huacheng Industry and Trade Company, causing tens of thousands of frozen products in the freezer to be damaged.

The reason why the store was cut off was that the owner and the second landlord had a dispute over subway compensation, and the owner demanded to take back the store, among which Mr. Huang was the most injured. Most of the leasing disputes between shops and office buildings are related to the second landlord. The way to reduce the risk is to sign a lease contract directly with the owner. However, in order to save trouble, owners often rent a large area of property to a second landlord. Therefore, in the face of high-cost leasing such as shops and office buildings, we must know more about legal knowledge in advance, or ask a lawyer to check the contract and process.

What points should I pay attention to before renting?

0 1 Sign a contract with the second landlord and look at his sublease right first. Our team has written articles in this field before. Let's review the knowledge points: the lease contract signed by the owners' association and the second landlord (hereinafter referred to as the "basic contract") generally stipulates that the second landlord has the right to sublet the house. If the tenant finds that the lessor is the second landlord rather than the owner when checking the property right certificate, he must check whether the basic contract between the owner and the second landlord clearly stipulates the subletting behavior.

Check the lease term signed by the owner and the second landlord. Our team has written articles in this field before. Let's review the knowledge points: the lease contract signed by the owners' association and the second landlord (hereinafter referred to as the "basic contract") generally stipulates that the second landlord has the right to sublet the house. If the tenant finds that the lessor is the second landlord rather than the owner when checking the property right certificate, he must check whether the basic contract between the owner and the second landlord clearly stipulates the subletting behavior.

Ask about the property regulations in advance. Some shops clearly stipulate that certain industries or certain behaviors cannot be done. For example, in some subways and merchants on the ground floor of residential quarters, it is stipulated that open fire dining is not allowed. Therefore, before renting a house, the lessee can ask the landlord whether his business is restricted. If the landlord is not very clear, you can consult the property or the industrial and commercial bureau.

Strive for the priority to renew the lease. Under normal circumstances, if the business is good in 2-5 years, there is a high probability that the merchant will renew the lease, so the priority right to renew the lease can be indicated in the contract. If there is a rent increase, it is also necessary to write clearly in black and white how much the rent of the store will increase every year.

2. In the event of a dispute, from what aspects can the lessee defend his rights?

0 1 If there is a dispute between the two landlords, the tenant should communicate with the landlord first. If the sublease is authorized by the owner and does not exceed the lease term of the basic contract, the owner shall continue to perform the contract, and the losses caused to the owner shall be claimed from the second landlord.

I would like to remind you that if you find the owner and find that the second landlord has not obtained the sublease right allowed by the owner, it has disappeared. At this time, the negotiation with the owner is ineffective (if the lease term of the original contract has exceeded without the owner's authorization, the contract signed by the tenant is invalid), you should call the police in time and recover from the second landlord. The law refers to Article 7 16 of the Civil Code of People's Republic of China (PRC). With the consent of the lessor, the lessee may sublet the leased property to a third party.

If the lessee sublets, the lease contract between the lessee and the lessor shall remain valid: if a third party causes losses to the leased property, the lessee shall compensate for the losses. If the lessee sublets without the consent of the lessor, the lessor may terminate the contract.

Can the owner force water and power cuts at will? If the basic contract/tenant's lease contract does not clearly stipulate that the landlord can cut off water and electricity when the second landlord/tenant defaults on rent, then the owner has no right to cut off water and electricity. If the loss is caused to the lessee due to water and power failure, the lessee may require the owner to bear the liability for compensation.